''Commission v France'' (1997)
is an
EU law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
case concerning the
free movement of goods in the European Union.
Press Release No 76/97
accessed 29 April 2020
Facts
French farmers sabotaged imported agricultural produce, such as Spanish strawberries
The garden strawberry (or simply strawberry; ''Fragaria × ananassa'') is a widely grown hybrid species of the genus '' Fragaria'', collectively known as the strawberries, which are cultivated worldwide for their fruit. The fruit is widely ap ...
and Belgian tomatoes
The tomato is the edible Berry (botany), berry of the plant ''Solanum lycopersicum'', commonly known as the tomato plant. The species originated in western South America, Mexico, and Central America. The Mexican Nahuatl word gave rise to th ...
, and French authorities turned a blind eye. The Commission brought enforcement proceedings under TFEU article 258 for ‘failing to take all necessary and proportionate measures’ to prevent the obstructions to trade by the farmers. It argued the failure contravened TFEU
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ...
article 34 in conjunction with TEU article 4(3) on the duty of cooperation (ex article 10 TEC).
Judgment
The Court of Justice held that TFEU
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ...
article 34 was infringed, as it prohibited not only state action, but also inaction. The French authorities should have acted and would be liable for "manifestly and persistently" abstaining from taking appropriate measures.
See also
*European Union law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
*K Muylle, ‘Angry farmers and passive policement’ (1998) 23 ELR 467
References
{{reflist
1997 in case law
European Union goods case law
History of agriculture in France
1997 in France